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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 28424
Experience:  JA Mentor
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I have some property deeded to me that I have a buyer for. I

Customer Question

I have some property deeded to me that I have a buyer for. I own 50% ans the remaining is divided among 2 other sets of heirs each owning one third. The property is run down. Only the 3 girls that own the third is holding p the sale. Can I take them to small claims court
JA: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?
Customer: SC. The two estates given me and the one deeded another cousin has been filed. The estate that is haired from the uncle to the 3 daughters have not.
JA: Has any paperwork been filed?
Customer: Yes. My dad (deceased) and his brother (the only living original heir) that was signed over to me has been filed as well as one other deceased sister whose son has lied or his mother.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that I am not financially able to pay a huge fee and I'm looking or an easier way to solve the problem. Us this something I can go to small claims court with?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your dilemma.

When one owner is holding up the sale of real estate, the other owner(s) have the ability to file a Petition for Partition by Sale, which means that a judge can order them to comply with the sale. If necessary, a judge can order them to sign papers right there in court to allow the sale to proceed. However, Small Claims Court unfortunately does not have that authority. You'd have to file in the regular civil court.

Another option is to look up the filing fees for your area, then send the heirs a letter explaining that if she refuses to cooperate with the sale and forces you to go to court, you will get the judge to order her to reimburse you for that fee out of her share of the proceeds in the sale. The fees usually aren't huge, but it's often over $100.

Every owner needs to be a party to the lawsuit. Ask those who agree with you if they're willing to join as plaintiffs. Those who are not willing to help with the sale or the court case all need to be listed as defendants. All defendants will split the filling fees after you win.

You're not required to have a lawyer, but having one may help. You can also try seeing if you www.legalzoom.com or www.uslegalforms.com can help you create the petition.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 month ago.

Do you have any questions about my answer?

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